‘Extensive misconduct’ by Vic Labor MPs

Callum Godde | July 20, 2022

No Victorian Labor MPs will be criminally charged despite an integrity investigation unearthing deliberate, extensive and egregious use of taxpayer resources.

The Independent Broad-based Anti-corruption Commission and Victorian Ombudsman released their joint report into branch stacking allegations within the party on Wednesday.

The watchdogs considered whether the identified misconduct constituted criminal offending that should be referred to the Director of Public Prosecutions and ultimately opted against it.

“Although we consider the conduct to be egregious, the difficulties in proof are such that we cannot recommend prosecution,” the report said.

“Rather, it will now be a matter for the Privileges Committees of each house to decide whether the named MPs have wilfully brought discredit upon parliament.”

It found branch stacking was not limited to one Victorian Labor faction but evidence of misconduct only concerned Mr Somyurek’s moderate faction.

“We had no specific evidence that allowed us to determine the extent of misuse by any other faction,” the report said.

The probe was launched following allegations in a Nine Network investigation that Labor moderate faction powerbroker Adem Somyurek handed over cash and used parliamentary employees to create fake branch members and amass political influence. 

The practice, known as branch stacking, is not illegal but against Labor party rules.

Mr Somyurek quit the Labor Party in June 2020 before he was expelled following the reports.

His factional allies Robin Scott and Marlene Kairouz also departed cabinet following the expose. All three MPs have previously denied wrongdoing.

Luke Donnellan became the fourth ministerial casualty of the scandal in October after then-federal MP Anthony Byrne told the joint inquiry that the pair paid for others’ Labor memberships.

The report made adverse findings against Mr Somyurek and Ms Kairouz but not against Premier Daniel Andrews and other witnesses.

In all, Mr Somyurek and six other witnesses were questioned in public hearings and another 26 in private, including Mr Andrews.

The premier previously refused to confirm if he was interviewed as part of the probe or comment on it until the final report was released.

According to the report, Mr Andrews “agreed that the practice was not limited to one faction and occurred ‘across the board'” but he “denied any personal knowledge of or involvement in such practices.”

The 233-page report makes 21 recommendations, including legislating a parliamentary ethics committee, tightening the definition of permissible work for electorate officers and banning MPs from employing close family members in their electorate office.

The government banned electorate officers from carrying out campaign duties during work hours in 2019 following Labor’s “red shirts” scandal, but the new rules do not cover factional work outside of elections.

Over the course of public hearings, Mr Somyurek said he was aware of branch stacking when he joined the party in the 1990s, describing it as “deeply embedded” within the party and admitted some of his electorate staff were “factional operatives”.